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Raj Karan preferred this appeal to challenge the judgment of conviction dated 3.9.2001 and order of sentence dated 6.9.2001, rendered by the learned Additional Sessions Judge, Sonepat, in Sessions Case No. 14 of 2000, arising out of FIR No. 219 dated 6.10.1999, registered under Sections 304-B/498-A, of the Indian Penal Code at Police Station Sadar, Sonepat.

By the said judgment, he was convicted under Sections 304-B/498-A IPC and sentenced as under:

CRA-S-1052-SB of 2001 -2-

Both the sentences were ordered to be run concurrently.

Co-accused namely Nand Kaur and Saroj, were acquitted of the charge levelled against them. Against acquittal no appeal by the State.

Prosecution story, in brief, is that Anguri Devi-complainant, (PW-5), is the mother of Bhateri (deceased). Bhateri was married with Raj Karan and the marriage was solemnized on 15.6.1993. Sufficient dowry was given by her father as per his status. Bhateri gave birth to one son from the loins of Raj Karan. After some time of the marriage, Raj Karan, Nand Kaur and Saroj started harassing her badly for want of dowry. They were demanding television. Bhateri was also physically harassed. Whenever Bhateri came to her parents then told her parents, Dayanand and Mool Chand that her in-laws used to misbehave and maltreat her for want of dowry. They are demanding television. Matter was reported to the Sarpanch of the village but even after that accused used to demand television. Bhateri was sent to her in-laws house but there was no change in the behaviour of Raj Karan and his family members. Later on her (complainant) husband Jeet Ram had died. Bhim Singh, Lambardar informed the complainant that on the previous night Bhateri had died. On receipt of information, complainant along with her brother-in-law Dayanand, Ranjit Singh and Narain, had gone to Civil Hosptial, Sonepat. In the hospital, statement of Anguri Devi, Ex. PD was recorded. After making endorsement, statement was sent to the police station on the basis of which formal FIR was registered. Inquest report Ex. PJ, was prepared and the dead body was sent for post mortem examination. After post mortem examination dead body was handed over to the relations of the deceased for cremation. Clothes worn by the deceased were taken into police possession vide memo Ex. PG, attested by the witnesses. After inspecting the spot, rough site plan Ex. PK, was prepared.

PW-9 SI Mohinder Singh, stated that on 6.10.1999, while on patrol duty along with other officals, he was present near Civil Hospital, Sonepat, then statement of complainant Anguri Devi, Ex. PD, was recorded. After making endorsement, statement was sent to the police station on the basis of which formal FIR was recorded. After going to Civil Hospital, Sonepat, photographer was arranged. Photographs of the dead body were got clicked. Inquest report Ex. PJ, was prepared. Dead body was handed over to police official for post mortem examination. Raj Karan was arrested on 13.10.1999 and on 14.10.1999, he was interrogated. As per disclosure statement Ex. PH got recovered Parna (cloth piece), from the specified place. Parna was made into sealed parcel, sealed with the seal bearing impression 'MS' and the sealed parcel was taken into police possession vide memo Ex. PH/1 attested by him also.

PW-11 Bharat Ram Sharma, stated that Bhateri, daughter of Anguri Devi was known to him. He has not supported the prosecution story and was declared hostile.

PW-12 Daya Nand, uncle of the deceased stated that Bhateri was married with Raj Karan. Bhateri told him that Raj Karan was demanding television and gave beatings to her. He and his brother (Jeet Ram) had sent Bhateri to her matrimonial house. After six months she was murdered. On receipt of information they had gone to Civil Hospital, Sonepat and on the next day report was lodged.